The order of the Appellate Division should be reversed, defendant's conviction reinstated, and the case remitted to that court to decide whether it be appropriate to consider the question within the exercise of its discretion and to consider questions of fact. (CPL 470.40, subd 2, par [b]; 470.25, subd 2, par [d].)
Inasmuch as there was no objection at trial to the failure to charge on the presumption...
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